Opinions on....

[montana59451]

Have an AP filed against my wife only. Her only income is Social Security Disability. AP is for Determination of Dischargability. If it is not answered automatic default judgment of non dischargeability. Her income will never change and is untouchable.

Should it be answered and take the risk of incurring atty fees or just let it go and it will still be an uncollectable amount? It is only for $8633 to begin with so the attorney we spoke to wanted more than that. Plaintiff's attorney wants to settle but it is only against her and he told her to borrow it from me! We filed together non consumer Ch7 I don't have the $$$ so what is he thinking? Need to decide whether to answer or just let default and should we decide to answer it needs to be done by 6/25(cause actual due date is 6/27 which is a Sunday). Thoughts?

[HHM]

Since the AP is a separate case, you can file the response yourself and see what happens.

It is really hard to say what you should do without knowing the background on the underlying charge that is being objected too (forgive me if it is in your other posts, but tracking each individuals members story is daunting).

[montana59451]

If I file an answer and a motion to dismiss and assuming the motion is not granted can I back out and just take the judgment? I just can't afford any more fees etc.

Why would someone file an AP for dischargabity if they know that the only income can't be touched? Sheer meaness?

[montana59451]

Does filing an answer influence the panel trustee at all? I see that all the other cases that are currently filed in District court are sending her courtesy copies of filings etc (we have cases where we are being sued along with other members of an LLC who did not file BK). I can't figure out why they are sending her copies.